1976 South Carolina Code of Laws
Unannotated
Updated through the end of the 2005 Regular Session

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This statutory database is current through the 2005 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2006 General Assembly, which will convene in January 2006, will be incorporated as soon as possible. Some changes enacted by the 2006 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.

Title 59 - Education

CHAPTER 116.

CAMPUS SECURITY DEPARTMENT

SECTION 59-116-10. Definitions.

As used in this chapter:

(1) "Campus" means the grounds and buildings owned and occupied by a college or university for education purposes and streets and roads through and contiguous to the grounds.

(2) "College or university" means a state chartered two or four-year private educational institution of higher learning located in this State.

(3) "Campus police officer" means an employee of a college or university whose duties include the enforcement of the laws of this State; the preservation of public order; the protection of life and property; the prevention, detection, or investigation of crime; or a combination of those duties. It does not include personnel of a private company which provides security services on a contract basis for the institution concerned.

The board of trustees of each college or university may establish a safety and security department and appoint and employ campus police officers to carry out the functions of the department. While on duty, campus police officers shall wear distinctive uniforms prescribed by the board of trustees or its designees.

The officers must be commissioned as constables pursuant to Section 23-1-60 and take the oath of office prescribed by law and the state Constitution for those officers. The jurisdiction of such a constable is limited to the campus grounds and streets and roads through and contiguous to them.

(A) Campus police officers are peace officers. While in the performance of the duties of their employment, they have all the powers of municipal and county police officers to make arrests for both felonies and misdemeanors and possess all of the common law and statutory powers, privileges, and immunities of police officers. Campus police officers shall:

(1) preserve the peace, maintain order, and prevent unlawful use of force or violence or other unlawful conduct on the campuses of their respective institutions and protect all persons and property located there from injury, harm, and damage;

(2) enforce and assist the officials of their respective institutions in the enforcement of the laws of the State and county and municipal ordinances, and the lawful regulations of the institution, and assist and cooperate with other law enforcement agencies and officers. Campus police officers shall exercise powers granted in this chapter only upon the real property owned by their respective institutions as defined in item (1) of Section 59-116-10.

(B) Campus police officers may arrest persons outside the territory described in subsection (A) when the person arrested has committed a criminal offense within that territory, and the arrest is made during the person's immediate and continuous flight from that territory.

(C) Safety and security departments created and operated by the boards of trustees of institutions under this chapter for the purposes of this chapter are campus police departments and the sworn campus police officers of the department are campus police officers.

(D) Campus police officers may designate and operate emergency vehicles and patrol cars in the manner provided by law for municipal and county law enforcement officers. Such a vehicle must bear distinctive and conspicuous lettering which reads "campus police" on the sides and rear of the vehicle.

The provisions of this chapter may not be construed as a diminution or modification of the authority or responsibility of a municipal police department, sheriff, constable, or other peace officer either on the property of an institution or otherwise.

At the time of their employment campus police officers authorized to exercise the powers granted in Section 59-116-30 must:

(1) be not less than twenty-one years of age;

(2) have completed successfully the training requirements of the South Carolina Criminal Justice Academy or which may be prescribed for campus police by the South Carolina Law Enforcement Training Council;

(3) be commissioned as a constable as provided for in Section 59-116-20;

(4) possess additional qualifications prescribed by the governing board of the institution by whom they are employed.

The public safety director or other appropriate official, with the approval of the governing board of the institution concerned, shall establish within the security department a system of ranks and grades and a promotion policy to insure efficient operation of the department and the establishment of responsibility in it.

SECTION 59-116-60. Campus police vehicles and radio systems.

(A) Vehicles used for police purposes by a safety and security department are considered emergency vehicles and must be equipped with red or blue lights or combination of them and sirens and operated in conformance with the requirements of Chapter 5 of Title 56.

(B) Safety and security departments may install, maintain, and operate radio systems on radio frequencies under licenses issued by the Federal Communications Commission, or its successor.

Campus police officers shall post, before the assumption of their duties, bond in the amount of two thousand dollars in the manner provided in Section 23-1-70 but are exempt from the reporting requirements of Section 23-1-80 so long as they are employed by the safety and security department.

(A) It is unlawful for a person to falsely represent himself to be a campus police officer, agent, or employee of a safety and security department of a college or university, or arrest, detain, search, or question in any manner the person or property of a person, nor may a person without the authority of the governing board of the institution wear its official uniform, insignia, badge, or identification of the department.

(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one thousand dollars or imprisoned for not less than ten days nor more than ninety days, or both.

SECTION 59-116-100. Processing of persons arrested by campus police.

Persons arrested by a campus police officer must be processed in the manner persons arrested are processed by municipal and county law enforcement officers.

SECTION 59-116-110. Training of campus police officers.

All persons to be employed as campus police officers may attend and be trained at the South Carolina Criminal Justice Academy in the manner provided for other law enforcement officers in the State or at another designated location and by training officers as prescribed by the South Carolina Law Enforcement Training Council. Expenses of the training must be paid by the institution by which that person is to be employed. A representative of the institution shall certify to the academy that the person concerned is to be employed and request the academy to admit him for training.

SECTION 59-116-120. Construction and application of chapter.

The provisions of this chapter may not be construed to prevent colleges and universities from employing or continuing to employ guards, gatekeepers, and other security personnel, and the chapter applies only to those security officers who are granted the additional law enforcement authority including the power to arrest provided for officers who fulfill the requirements and meet the standards prescribed in this chapter.